TIME PERIODS TOLLED ...film at 11.
Supreme Court of Florida
IN RE: EMERGENCY REQUEST TO EXTEND TIME PERIODS UNDER ALL FLORIDA RULES OF PROCEDURE FOR MIAMI-DADE COUNTY IN THE ELEVENTH JUDICIAL CIRCUIT
WHEREAS on Wednesday, September 6, 2017, through Friday, September 15, 2017, Hurricane Irma caused the closure of the courts in Miami-Dade County in the Eleventh Judicial Circuit; and
WHEREAS this emergency also may have temporarily impeded the ability of attorneys, litigants, witnesses, jurors, and others in the performance of their duties and obligations with respect to many legal processes throughout the State of Florida; and
WHEREAS it is the intent of this order to equitably relieve parties in all pending cases by extending legal time limits that they otherwise would have been unable to meet due to the emergency; and
WHEREAS it is the intent of this order to suspend the speedy trial procedure during the times stated herein in the manner described in Sullivan v. State, 913 So.
2d 762 (Fla. 5th DCA 2005), and State v. Hernandez, 617 So. 2d 1103 (Fla. 3rd
THEREFORE, pursuant to the administrative authority conferred upon me by article V, section 2, of the Florida Constitution and Florida Rule of Judicial Administration 2.205(a)(2)(B)(iv),
IT IS ORDERED that:
- In Miami-Dade County, all time limits prescribed or allowed by rule of procedure, court order, statutes applicable to court proceedings, or otherwise pertaining to court proceedings are extended from the close of business on Tuesday, September 5, 2017, until the close of business on Monday, September 18, 2017.
- All time limits involving the speedy trial procedure, in criminal and juvenile court proceedings, are suspended from the close of business on Tuesday, September 5, 2017, until the close of business on Monday, September 18, 2017.
- The extension of time periods under this order shall apply only when the last day of those periods falls within the time extended. The suspension of time limits under the speedy trial procedure restores additional days equal to the number stated herein.
- This Court recognizes that there may be instances where, because of this emergency, these and other time limits applicable to matters in or outside
Miami-Dade County could not be met even upon application of the periods stated above. If such a claim is made, it shall be resolved by the court in which jurisdiction is vested on a case-by-case basis when a party demonstrates that the lack of compliance with requisite time periods was directly attributable to this emergency and that equitable remedy is required.
DONE AND ORDERED at Tallahassee, Florida, on September 19, 2017.
Chief Justice Jorge Labarga
John A. Tomasino, Clerk of Court